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Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Military Law and Municipal Law for Virginia on
Q: What are the guidelines and rules of Tanks that have a deactivated weapon in VA, can I go on the road with them?

For example, can I drive on the road with rubber tracks?

Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

If it's one of the brutes, even in a deactivated state, you run the risk of liability for overweight vehicle damage, despite rubber tracks, and the potential for civil lawsuits from municipalities and utility companies for possible damage to sewage infrastructure and underground utilities. You... Read more »

2 Answers | Asked in Gov & Administrative Law, Family Law and Personal Injury for California on
Q: I would like to know if I USA court cases can be transferred to Saltillo or Other Mexican State?

Is the USA law interchangeable with the Mexican Law?

Can a representative from Justia headquartered in Saltillo answer this for me?

In the very low tab under Company and then About Justia says that about your company.

I want to know if this website Is a Company, an... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 5, 2020

more info needed.

however, i have never heard of a US case being transferred to Mexico or another country.

I believe that they simply would not have jurisdiction

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1 Answer | Asked in Business Law, Tax Law and Gov & Administrative Law for California on
Q: Can a labor union continue collecting dues when it is suspended, and unable to legally conduct business?

Labor union, a non-profit, was suspended in California by the FTB, from October 2018 to May 2019. During this time they continued collecting dues without informing members of suspension status. Union was reinstated, or revived, in May 2019. Was this legal? Are dues collected during this time... Read more »

David Ostrove
David Ostrove answered on Apr 4, 2020

A suspended corporation cannot conduct business in California. Such corporation has lost all of its right to conduct business during suspension Once reinstated, it may again conduct business.

1 Answer | Asked in Car Accidents, Gov & Administrative Law, Insurance Defense and Small Claims for Texas on
Q: Is it possible to sue Texas DPS for negligence ?

After failing a driving test, the DPS tester got out of the car, and instructed my daughter to drive around and park the car, while I was waiting in the designated area. While doing so, she hit another car. As a result my insurance premium got significantly higher. I am pretty sure that the tester... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

A Texas attorney could advise best here, but your questions remain open for four weeks. It looks like a case where the defense could possibly ask jurors to question why student driver's operation of motor vehicle was not supervised by licensed family member, if that was feasible. At this point, you... Read more »

Q: Ex parte snow I remember this case

$91,000,000.00

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You posed under Admiralty/Maritime but there wasn't a maritime law question here. Good luck

Tim Akpinar

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1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Wisconsin on
Q: Hi is there a statue of limitations on appealing a general court martial
Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You should repost your question in the Military Law category. You're asking about something which is outside normal civilian appellate practice. Good luck

Tim Akpinar

1 Answer | Asked in Gov & Administrative Law for Mississippi on
Q: It has been way over 21 buisness days and its first violation but no renovation hearing ..dont they have to release me
Arthur Calderon
Arthur Calderon answered on Apr 2, 2020

Under the Mississippi statute, you are correct, in that MDOC should release you. You should probably consider getting with a criminal defense lawyer so that they can press the issue with MDOC and the judge to secure your release.

1 Answer | Asked in Employment Law and Gov & Administrative Law for Michigan on
Q: If my state is under a lockdown can my employer fire me because I'm following the order?
Brent T. Geers
Brent T. Geers answered on Mar 30, 2020

The answer will depend on whether the business you work in is essential or if you are an employee deemed necessary to allow for others to remote work. If either of those two scenarios apply and you still want to stay home, you may have some job protection under FMLA. Before making a decision, you... Read more »

1 Answer | Asked in Gov & Administrative Law, Health Care Law and Libel & Slander for Florida on
Q: How long are voicemails retained? How much time passes before they can no longer be subpoenaed?

One is Assurance Wireless under Virgin Mobile under Sprint

The other is Bay Pines VA Center Carrier unknown.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 30, 2020

Why not ask them?

1 Answer | Asked in Gov & Administrative Law for Colorado on
Q: what are the ramifications of appointing a Town Administrator as Town Clerk and Town Treasurer also.
Tim Akpinar
Tim Akpinar answered on Mar 28, 2020

It depends on their roles. It could be a conflict of interest, or it could be nothing. In the hypothetical, if the responsibilities of one position required minimizing town expenditures, and the responsibilities of the other position involved justifying new furniture for a school, one could say the... Read more »

1 Answer | Asked in Family Law, Adoption, Civil Rights and Gov & Administrative Law for Texas on
Q: where is the policy for bringing up another lawsuit after one is dismissed

i was thinking it takes a year for family or civil

Tim Akpinar
Tim Akpinar answered on Mar 28, 2020

A Texas attorney is best qualified to answer this question, but you await an answer for three weeks. As a GENERAL premise, if a matter is dismissed on the merits (for something substantive - not something technical such as "this is the wrong court, you must bring your action in a different venue"),... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Gov & Administrative Law for Maryland on
Q: My job description/classification in HR does not reflect job scope or duties. This has prevented access to benefits.

I was hired under an open job position, to quickly get me in the door with the understanding that I would be quickly reclassified as I established myself in the company. I have been made to apply for the job I am already performing several times, and have been told that I do not qualify. I received... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 28, 2020

The question raises several issues, and requires more facts and discussion to fully answer. Generally speaking, entitlement to union benefits (or eligibility for membership) depends on the applicable CBA scope. There are federal (FMLA and the recent COVID-19 changes) and Maryland (sick/safe... Read more »

1 Answer | Asked in Estate Planning, Gov & Administrative Law and Land Use & Zoning for Indiana on
Q: If you take care of a pice of ground for 50 years mow it and clean it up does it become yours
Ben F Meek III
Ben F Meek III answered on Mar 27, 2020

Maybe. In order to obtain land by adverse possession there are several things you have to be able to prove. That you possessed the property, that you exercised control that was exclusive (nobody else controlling it), open (not hidden), notorious (well known or easy to see), and hostile to ownership... Read more »

1 Answer | Asked in Gov & Administrative Law on
Q: How does the legislature impact agency heads
Tim Akpinar
Tim Akpinar answered on Mar 26, 2020

The agency heads may be presidential appointments, but they ultimately have to undergo confirmation in the Senate. So in that sense, you could say that the legislature (Congress) has a role in the process. Additionally, you could say that the agency heads are impacted by the legislature in terms of... Read more »

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Family Law for Kentucky on
Q: Can cps remove kids with no paper work or no police just because someone called and said they think there is drugs

Left first time they came and then come back 3 days later and said they was taking the kids and could only jave supervised visits cause we was a danger to are kids but left them with us 2 hours while they went somewhere and had my cousin drive the kids never said anything about a drug test or... Read more »

Timothy Denison
Timothy Denison answered on Mar 26, 2020

Yes, they can.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law on
Q: Can a builder charge diffrent base price to diffrent customers for same apartments ?
Tim Akpinar
Tim Akpinar answered on Mar 26, 2020

This might be a question best suited for a real estate attorney who practices in the jurisdiction where these units are located (that didn't appear to be included) - there could be local regulations, conditions, or additional information a real estate attorney could need to know to give meaningful... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: 2925.14A_B DRUG PARAPHENALIA (MM) is this a minor misdemeanor?

I received this charge in 2018 and recently I have been training and studying for a concealed carry permit, I'm worried this may have an affect on obtain such a permit and I hope to receive the information needed to understand this better.

Breezy M Warner
Breezy M Warner answered on Mar 25, 2020

In Ohio violation of ORC2925.14 is a 4th degree misdemeanor minor, it is not a felony which would effect your ability to get a concealed carry permit.

2 Answers | Asked in Copyright, Gov & Administrative Law, Intellectual Property and Internet Law for California on
Q: Does my employer have rights to the teaching materials I have prepared at home on my own computer and on my own time?

I am an adjunct lecturer at a university in California. My employment status is part time and varies from quarter to quarter. I have evidence that all my teaching materials including lectures, power point slides, quizzes, exams, etc. are readily available for download from a University server.

Tania Maria Williams
Tania Maria Williams answered on Mar 25, 2020

Unfortunately, they might because the materials were created during the scope and course of employment for the purpose why you were hired. You may want to check your employment agreement if you have one because ther usually is a clause regarding the ownership of intellectual property.

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1 Answer | Asked in Gov & Administrative Law and Landlord - Tenant for New York on
Q: Sheriff locked out of my apt 1 wk before eviction freeze in NY, due to Covid19. Can I temp get back in? Stuck in car.

All my belongings still remain bec I can't get help to move due to State quarantine. Stuck sleeping in my car instead of my apt with my belongings. Landlord can't rent to anyone else during Covid-19 State of Emergency anyways. ***I'm located in Saratoga County, not NYC

Gregory Byrnes
Gregory Byrnes answered on Mar 24, 2020

You should first contact the landlord. If that doesn't work you can go to the local courts (I am not sure what Court in Saratoga handles housing matters) and file an order to show cause requesting post eviction relief. It is 100% up to the judge whether to let you re-enter.

1 Answer | Asked in Education Law and Gov & Administrative Law for Pennsylvania on
Q: How does a state of emergency affect schools in the state of Pennsylvania? Are schools deciding to go cyber legal?

My child is a senior this year, her school has sent out letters saying they wish to go cyber for the rest of the year March 30th. Our family is quarantined at the moment because we have family members who would not be able to survive the virus and the virus is close. Is it legal for my child’s... Read more »

Jennifer Price
Jennifer Price answered on Mar 23, 2020

Yes, the school is within its legal rights to disseminate education to its students through online learning. Requiring students to attend school, in person, could put more students at risk than necessary, so providing online education would not violate any laws.

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